论测谎结论的证据效力.docVIP

重庆大学硕士学位论文 中文摘要 术层面上论述，严格测谎操作流程和鉴定标准，第三节从诉讼制度层面，提出建 立合理测谎证据制度的建议。 笔者该篇论文研究目的在于，从测谎技术的科学性出发，就测谎结论的价值、 证据属性和法制化构建等论点进行深入的探讨，希望能够有朝一日，将测谎结论 正式归入诉讼法的证据体系中。 关键词：测谎技术，运用价值，证据属性 II 万方数据 重庆大学硕士学位论文 英文摘要 ABSTRACT With the advance of technology, the measures used for fact finding during the court trial have been tremendously developed, which makes the legality and regulation of such measures an unavoidable question for judges and lawyers. Forensic measures for physical traces, DNA test, fingerprint tests, etc. have been widely accepted and adopted to reconstruct the case facts during litigations. However, the public still seems to be skeptical to those modern forensic measures, for example, the polygraph test has always been a controversial issues among public opinions. In Chinese law, there is no clear articles or regulations about how polygraph should be used. Meanwhile, the polygraphs have been widely use by the police in the practice and gradually becomes an essential part of investigation. Consequently, the legal basis for admission of evidence that is resulted from polygraph test conclusion for a court trial is urgently needed nowadays. The first chapter introduces the history of polygraph test. The first part focuses on the adoption of psychological techniques used during court trial in ancient China, and the perfection of lie test by the western countries. The second part lists the attitude of each country towards the admission of polygraph test conclusion, which further concludes that the conclusion that resulted from polygraph has been adopted as essential evidence of litigation in many nations. The second chapter explained the definition, concept and know-how, etc. of polygraph test. The first part focuses on its definition; the second part focuses on the scientific basis for polygraph test, which further leads to the conclusion that polygraph test should be trusted based on the science behind it; the third part lists some normal ways of polygraph test, which he